Baby (Died) and Others vs Power Grid Corporation of India Ltd.

K.T. Sankaran, J.—For drawing Kayamkulam - Pallam 220 KV electric line, trees were cut from the property belonging to the petitioners. The total extent of the property belonging to the petitioners is 5 cents. A compensation of Rs. 8,523/- was granted by the Power Grid Corporation of India Ltd.. Dissatisfied with the compensation awarded, the petitioners filed O.P.(E.A.) No. 57 of 2000 on the file of the court of the District Judge, Alappuzha. The petitioners claimed a sum of Rs. 27,477/- as enhanced compensation for the trees cut. They also claimed a sum of Rs. 30,000/- as the compensation for diminution of land value. Thus the total amount claimed by the petitioners before the court below was Rs. 57,477/-.

The court below awarded a sum of Rs. 4,670/- as additional compensation for the trees cut and also awarded a sum of Rs. 9,600/- as compensation for diminution of land value. That order dated 10.4.2003 was challenged by the Corporation in C.R.P.No. 45 of 2004 before the High Court. The Civil Revision Petition was considered along with several other connected matters and the case was remanded to the court below for fresh disposal. After remand, the petitioners herein were impleaded as additional petitioners 2 to 5, they being the legal representatives of the deceased first claimant. No additional evidence was adduced by the parties.

The evidence available before the court below is the oral evidence of PW1, the deceased first claimant and Exhibits A1 to A5 and B1 to B3. No witness was examined on the side of the Corporation. No Commission was also taken out by either side.

The claimants contended that the land value at the relevant time would be Rs. 20,000/- per cent of land. They relied on Exhibit A4 assignment deed dated 3.7.2000 under which an extent of 12.5 cents of land and a house thereon was sold for a sum of Rs. 5 lakhs. In Exhibit A4, the house was valued at Rs. 2.5 lakhs. The trees were cut from the property belonging to the petitioners on 13.1.1999.

The court below held, by the order impugned, that the petitioners are entitled to a sum of Rs. 4,649/- as enhanced compensation for the trees cut. The Corporation has not challenged this part of the order passed by the court below.

The court below did not grant any amount as compensation for diminution of land value. The claimants have challenged in this revision the rejection of their claim for compensation for diminution of land value. The court below held that no materials are available before the court to arrive at the conclusion as to what is the percentage of diminution, what was the value of the land at the relevant time and the area affected by the drawal of the line. The Learned Counsel for the petitioners submitted that due to the impecunious circumstances of the petitioners, they could not apply for appointing a Commissioner. It is submitted that admittedly a 220 KV line was drawn across the property of the petitioners and it cannot be assumed that it has not affected the land injuriously.

It is true that there is no Commissioner''s report. The relevant data for fixing the compensation for diminution of land value are also not fully available. At the same time, in the peculiar facts and circumstances of the case, I am of the view that the petitioners are entitled to be compensated adequately on the basis of the data available in the case and by drawing certain inferences from those data. It is not in dispute that the total extent of the land is 5 cents. If a 220 KV line is drawn over the property having an extent of 5 cents, even without any material, it could be assumed that the land value got diminished due to the drawal of the line. An extent of 3 cents can be taken as the extent affected by the drawal of the line. It can be taken that the land value at the relevant time would be Rs. 10,000/- as against the claim of Rs. 20,000/- per cent made by the claimants. In the case of drawal of 220 KV lines, 25 to 30% of the land value is being awarded as compensation for diminution of land value. In some cases, even higher percentage is also being given. Taking 25% of the land value as diminution of land value for an extent of 3 cents of land, I am of the view that a sum of Rs. 7,500/- can be awarded as compensation for diminution of land value.

Accordingly, the Civil Revision Petition is allowed in part and the petitioners are granted a sum of Rs. 7,500/- as compensation for diminution of land value. The petitioners also would be entitled to interest on Rs. 7,500/- at the rate of 6% per annum from the date of cutting of trees till the date of payment. The order passed by the court below is modified to the extent indicated above.